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Senate Bill 388 History
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ENROLLED
Senate Bill No. 388
(By Senators Bowman, Boley, Browning, Foster, Minard, Palumbo, Snyder,
Sypolt, White, Williams and Yost)
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[Passed March 10, 2010; in effect ninety days from passage.]
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A BILL to amend and reenact §8A-2-3
of the Code of West Virginia,
1931, as amended; and to amend and reenact
§8A-8-3 of said
code, all
relating to municipal planning commissions and
municipal
boards of zoning appeals; and specifying the number
of members by municipal classifications.
Be it enacted by the Legislature of West Virginia:
That §8A-2-3
of the Code of West Virginia, 1931, as amended,
be amended and reenacted; and that §8A-8-3 of said code be amended
and reenacted
,
all to read as follows:
ARTICLE 2. PLANNING COMMISSIONS.
§8A-2-3. Municipal planning commission.
(a) A municipal planning commission in a Class I, II or III
city shall have not less than five nor more than fifteen members,
the exact number to be specified in the ordinance creating the
planning commission. A municipal planning commission in a Class IV town or village shall have not less than three nor more than nine
members, the exact number to be specified in the ordinance creating
the planning commission.
(b) The members of a municipal planning commission must be:
(1) Residents of the municipality; and
(2) Qualified by knowledge and experience in matters
pertaining to the development of the municipality.
(c) At least three fifths of all of the members must have been
residents of the municipality for at least three years prior to
nomination or appointment and confirmation.
(d) The members of a municipal planning commission must fairly
represent different areas of interest, knowledge and expertise,
including, but not limited to, business, industry, labor,
government and other relevant disciplines. One member must be a
member of the municipal governing body or a designee and one member
must be a member of the administrative department of the
municipality or a designee. The term of membership for these two
members is the same as their term of office.
(e) The Legislature finds that there are persons willing to
serve on planning commissions who may also own interests in
businesses that regularly conduct business in front of or with
planning commission staff. Such persons may have experience and
expertise which would be valuable assets to a planning commission.
For those reasons, notwithstanding any other provisions in this code to the contrary, any person employed by, owning an interest in
or otherwise associated with a business that regularly conducts
business in front of or with planning commission staff may also
serve as a member of a planning commission and shall not be
disqualified from serving as a member because of a conflict of
interest as defined in section fifteen, article ten, chapter
sixty-one of this code and shall not be subject to prosecution
under provisions of that chapter when the violation is created
solely as a result of his or her relationship with the business.
This member must recuse himself or herself from any vote,
discussion, participation or other activity regarding the
conflicting issue.
(f) The Legislature finds that there are persons willing to
serve on planning commissions who may also own interests in
businesses who regularly conduct business in front of or with
planning commission staff. Such persons may have experience and
expertise which would be valuable assets to a planning commission.
For those reasons, notwithstanding any other provisions in this
code to the contrary, any person employed by, owning an interest in
or otherwise associated with a business that regularly conducts
business in front of or with planning commission staff may also
serve as a member of a planning commission and shall not be in
violation of subsection (g), section five, article two, chapter
six-b of this code if the member recuses himself or herself from any vote, discussion, participation or other activity regarding the
conflicting issue: Provided, That such members do not constitute a
majority of the members of the planning commission at the same
time.
(g) The remaining members of the municipal planning commission
first selected shall serve respectively for terms of one year, two
years and three years, divided equally or as nearly equally as
possible between these terms. Thereafter, members shall serve
three-year terms. Vacancies shall be filled for the unexpired term
and made in the same manner as original selections were made.
(h) The members of a municipal planning commission shall serve
without compensation, but shall be reimbursed for all reasonable
and necessary expenses actually incurred in the performance of
their official duties.
(i) Nominations for municipal planning commission membership
shall be made by the administrative authority and confirmed by the
governing body when the administrative authority and the governing
body are separate, or appointed and confirmed by the governing body
where the administrative authority and governing body are the same.
(j) An individual may serve as a member of a municipal
planning commission, a county planning commission, a multicounty
planning commission, a regional planning commission or a joint
planning commission, at the same time.
(k) The governing body of the municipality may establish procedures for the removal of members of the planning commission
for inactivity, neglect of duty or malfeasance. The procedures
must contain provisions requiring that the person to be removed be
provided with a written statement of the reasons for removal and an
opportunity to be heard on the matter.
ARTICLE 8. BOARD OF ZONING APPEALS.
§8A-8-3. Municipal board of zoning appeals.
(a) A municipal board of zoning appeals in a Class I, II or
III city shall have five members to be appointed by the governing
body of the municipality. A municipal board of zoning appeals in
a Class IV town or village shall have not less than three nor more
than five members to be appointed by the governing body of the
municipality.
(b) The members of a municipal board of zoning appeals must
be:
(1) Residents of the municipality for at least three years
preceding his or her appointment;
(2) Cannot be a member of the municipal planning commission;
and
(3) Cannot hold any other elective or appointive office in the
municipal government.
(c) Upon the creation of a board of zoning appeals, the
members shall be appointed for the following terms: One for a term
of one year; two for a term of two years; and two for a term of three years. The terms shall expire on the first day of January of
the first, second and third year, respectively, following their
appointment. Thereafter, members shall serve three-year terms. If
a vacancy occurs, the governing body of the municipality shall
appoint a member for the unexpired term.
(d) The governing body of the municipality may appoint up to
three additional members to serve as alternate members of the
municipal board of zoning appeals. The alternate members must meet
the same eligibility requirements as set out in subsection (b) of
this section. The term for an alternate member is three years.
The governing body of the municipality may appoint alternate
members on a staggered term schedule.
(e) An alternate member shall serve on the board when one of
the regular members is unable to serve. The alternate member shall
serve until a final determination is made in the matter to which
the alternate member was initially called on to serve.
(f) The municipal board of zoning appeals shall establish
rules and procedures for designating an alternate member. An
alternate member shall have the same powers and duties of a regular
board member.
(g) The members and alternate members of a county board of
zoning appeals shall serve without compensation, but shall be
reimbursed for all reasonable and necessary expenses actually
incurred in the performance of their official duties.